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What Is The Digital Services Act
The Digital Services Act (DSA) is Regulation (EU) 2022/2065 introduced by the European Union to create a safer, more transparent and responsible digital environment. The legislation regulates the activities of online platforms, marketplaces, social networks and digital intermediaries operating in the European market.
The main objective of the European legislator is to ensure greater protection for users who use digital services, combat the spread of illegal content and strengthen the transparency obligations of digital platforms.
Who does the EU Digital Services Act apply to?
The provisions set out in the Digital Services Act (DSA) apply primarily to digital intermediaries and online platforms operating in the European market. The entities concerned include online marketplaces, social networks, content-sharing platforms, app stores and digital services dedicated to travel and online bookings.
The legislation also introduces specific obligations for the so-called Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), namely online platforms and search engines that reach more than 45 million monthly active users in the European Union. These, precisely because of their ability to attract a large number of people, expose users to greater systemic risks, namely concrete and foreseeable dangers connected to the mere use of the platforms or search engines.
At present there are 22 operators subject to stricter rules than other platforms or search engines. These include: Google with Search, YouTube, Meta with Instagram and Twitter, Snapchat, Pinterest, LinkedIn, Amazon, Booking, Wikipedia, Zalando, TikTok. Also included are the pornographic websites Pornhub and Stripchat and the Chinese e-commerce platforms Alibaba Express, Temu and Shein.
The provisions apply regardless of the place of establishment of the provider, provided that the service is directed at users located in the European Union, and the legislation applies to all providers of intermediary services starting from 17 February 2024.
What does the Digital Services Act do?
The Digital Services Act (DSA) establishes a framework of rules aimed at strengthening the protection of online users through greater accountability of digital operators.
In particular, the Regulation aims to:
- ensure more effective protection of consumers and the fundamental rights of users through the implementation of internal complaint-handling systems;
- define clear obligations and responsibilities for online platforms, social networks, and digital intermediaries;
- combat the dissemination of illegal content, hate speech, illegal terrorist content, and illegal discriminatory content, as well as tackling disinformation;
- increase the transparency of activities carried out by platforms through information obligations and more rigorous monitoring systems. Hence the obligation of seller traceability. Online marketplaces are required to verify the identity of professional sellers operating on their platforms, reducing the risk of fraud and the sale of illegal products;
- promote innovation, economic growth, and the competitiveness of businesses within the European Digital Single Market.
Through these measures, the Digital Services Act Regulation aims to create a safer and more responsible digital ecosystem, capable of protecting users without hindering the development of online services and new technologies.
Penalties and Compensation Claims under the Digital Service Act
Failure to comply with the obligations established by the Digital Services Act may result in particularly significant consequences.
Article 52 of the Regulation, paragraph 3, provides that Member States shall ensure that the maximum amount of fines that may be imposed in the event of non-compliance with an obligation established by this Regulation is equal to 6% of the worldwide annual turnover of the intermediary service provider concerned in the preceding financial year.
Furthermore, users who claim a violation of the Digital Services Act have the right to seek compensation, in accordance with Union and national law, from intermediary service providers in relation to damages or losses suffered as a result of a breach of the obligations established by the Regulation by the intermediary service providers.
Digital Services Act: Protection of Minors Online
On 14 July 2025, the European Commission published certain implementing guidelines for the Digital Services Act (DSA) to strengthen the protection of minors online, digital safety and privacy protection on platforms accessible to minors.
The guidelines, applicable to all online platforms with the exception of micro-enterprises and small enterprises, identify proportionate measures to address risks such as exposure to illegal content, cyberbullying, abuse, online grooming, radicalisation, gambling and other harmful practices. Particular attention is devoted to the verification of users' age (age verification), considered an essential tool in cases where access to pornographic content, gambling services, alcohol, tobacco or other risky activities cannot be restricted through less intrusive measures.
Digital Services Act Law Firm: DSA Compliance and Legal Advice
Arnone & Sicomo Law Firm provides expert advice from a specialized Digital Services Act lawyer to companies, online platforms, marketplaces, e-commerce businesses, tech operators, and users. We support clients facing compliance challenges or seeking compensation claims for violations of the EU digital services legislation.
Our team guides businesses through the complex process of Digital Services Act compliance. We protect your operations by conducting thorough regulatory risk assessments, drafting tailored terms and conditions, implementing internal policies, and setting up compliant notice-and-action procedures for reporting illegal content.
Failing to comply with the new EU regulations poses severe financial risks. Our firm offers strategic defense and representation in the event of DSA fines and penalties, helping platform operators mitigate liabilities and implement solid defense strategies.
Furthermore, we deliver strong legal protection to users, consumers, and parents taking action against social networks or digital marketplaces. We handle cases involving failure to remove illegal content, breach of safety obligations, insufficient child protection online, or any platform misconduct giving rise to damages claims.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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